ICYMI Law — Law Review-like Link Feed

How to Read a Legal Opinion: A Guide for New Law Students

Wed, 12 Aug 2026 06:08:47 -0400

This essay is designed to help new law students prepare for the first few weeks of class. It explains what judicial opinions are, how they are structured, and w

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No legal standards for adjudicating the proportionality of primary social security law: R (Jwanczuk) v Secretary of State for Work and Pensions [2025] UKSC 42

Tue, 11 Aug 2026 06:08:22 -0400

Case note commenting on the UK Supreme Court's recent judgment in R (Jwanczuk) v Secretary of State for Work and Pensions [2025]

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Framing Religious Constitutionalism

Tue, 11 Aug 2026 06:08:22 -0400

Scholarship considering Christian, Islamic, or other forms of religious constitutionalism has tended to focus on harmonizing constitutional texts with tradition

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Is the Right of Parents to Direct Their Children's Education "Deeply Rooted" in our "History and Tradition"?

Tue, 11 Aug 2026 06:08:22 -0400

In Dobbs v. Jackson Women's Health Organization, the Supreme Court ruled that the Fourteenth Amendment protects unenumerated rights that are "deeply rooted

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What is the Business of the Warren Court?

Mon, 10 Aug 2026 06:07:14 -0400

Today's Supreme Court is conservative whereas the Warren Court was liberal. Yet the substantive principles underlying these two Courts are more compatible than

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Incomplete Innovation and the Premature Disruption of Legal Services

Mon, 10 Aug 2026 06:07:14 -0400

In this Article, I argue that disruption of legal services will likely happen before the creative, bespoke services that are characteristic of today’s establish

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The Dialectic of Strategy: Political and Legal Struggles for Chagossian Decolonization

Mon, 10 Aug 2026 06:07:14 -0400

This chapter examines the shift from political negotiation to legal mobilisation in the Chagossian struggle for decolonisation. Rather than treating th

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Supreme Court Impacts in Public Health Law: 2025-2026

Sat, 08 Aug 2026 06:08:05 -0400

In an increasingly contemptuous political environment as the nation prepares to celebrate its sesquicentennial on July 4, 2026, the U.S. Supreme Court capped it

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Letter to a 1L on the First Day of Law School (Excerpt from 'The Law of Law School')

Fri, 07 Aug 2026 06:08:07 -0400

Law school creates a challenging educational environment for all students. A “Letter to a 1L on the First Day of Law School” offers words of comfort and encour

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Amicus Brief of Antitrust Law, Economics, and Business Professors in Support of Plaintiffs - US v. Google D.C Circuit

Thu, 06 Aug 2026 06:08:22 -0400

Amici curiae are dozens of professors of law, economics, and business who have researched and published extensively on antitrust issue

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Artificial Intelligence and Human Legal Reasoning

Thu, 06 Aug 2026 06:08:22 -0400

Empirical evidence increasingly demonstrates that generative artificial intelligence has the capacity to improve the speed and quality of legal work, yet many l

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PROPERTY RIGHTS IN LIQUID GOLD: RECOGNIZING BREASTMILK AS PROPERTY

Wed, 05 Aug 2026 06:09:52 -0400

Breastmilk is a highly valued commodity. It is produced, stored, transferred, sold, and, at times, contaminated, stolen, improperly handled, and even lost. Liti

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United States v. Hemani: A Narrow Holding Full of Problems

Wed, 05 Aug 2026 06:09:52 -0400

In United States v. Hemani (2026), a unanimous Supreme Court held that 18 U.S.C. § 922(g)(3) violates the Second Amendment when applied to regular marijuana use

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Digital Platforms and Epistemic Authority [104 Texas Law Review (forthcoming 2026)]

Wed, 05 Aug 2026 06:09:52 -0400

This Essay argues that communicative platforms' epistemic power is relational, fluctuating between weak, proxy, and strong depending on their infrastructural po

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The Collision of State Climate Tort Suits with Federal Deregulation

Tue, 04 Aug 2026 06:08:24 -0400

In its October 2026 term, the Supreme Court will review Suncor Energy v. County Commissioners of Boulder, a tort case with significant implications for t

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Shadow Forensics: Uncovering 911 Call Analysis

Tue, 04 Aug 2026 06:08:24 -0400

Junk forensics have played a central role in wrongful convictions. From bitemark evidence to hair microscopy, from arson investigation to toolmark comparison, c

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The Incorporation Ritual

Tue, 04 Aug 2026 06:08:24 -0400

What makes a business worth the corporate form? From Rome through England and America, the corporate form was granted only after an assessment that the undertak

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The Future of Environmental Law Amid the Destruction of Science

Mon, 03 Aug 2026 06:07:50 -0400

Essay in the Harvard Environmental Law Review's Symposium Issue on the Future of Environmental Law One Year into Trump; responding to Richard Revesz's Invert

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The Bizarro First Amendment

Sun, 02 Aug 2026 06:09:39 -0400

Welcome to the Second Lochner Era. Once again, the Supreme Court wields a great guarantee of liberty to nullify progressive governance. But this time its weapon

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Rethinking Utility Wildfire Risk in California

Sat, 01 Aug 2026 06:07:32 -0400

Many of the most deadly and destructive fires in California history have been started by electric utilities, and the state's unique inverse condemnation

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Chinese Sputnik Moments?

Sat, 01 Aug 2026 06:07:32 -0400

China's technological progress in recent decades has been viewed with admiration, alarm, and (in some cases) doubt. To better understand the Chinese innovation

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Immigration is Not Invasion

Fri, 31 Jul 2026 06:07:27 -0400

In recent years, state governments and the second Trump Administration have increasingly advanced the argument that illegal migration and cross-border dr

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Amici Curiae Brief of Intellectual Property Scholars in Support of Appellee in xAI v. Bonta, No. 26-1591 (9th Cir.)

Fri, 31 Jul 2026 06:07:27 -0400

Amici curiae are scholars of intellectual property. Amici have no personal interest in the outcome of this litigation but share a professional interest in seein

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Dismantling Equality Rights Through "Biological-Sex" Talk

Wed, 29 Jul 2026 06:08:43 -0400

In rejecting the sex-discrimination claims of transgender youth seeking gender-affirming care in United States v. Skrmetti (2025) and transgende

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The State Constitutional Case Against Exclusionary Zoning

Wed, 29 Jul 2026 06:08:43 -0400

Exclusionary zoning is the biggest cause of the housing crisis besetting many parts of the United States. This Article shows how state constitutions can

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A Faithful Execution Exception to Slaughter

Tue, 28 Jul 2026 06:07:45 -0400

In Trump v. Slaughter, the Supreme Court held that Article II permits a President to remove principal officers at will. Ostensibly, the removal power allows the

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Digital Policing after Chatrie

Tue, 28 Jul 2026 06:07:45 -0400

Chatrie v. United States is a consequential Fourth Amendment opinion, and for Supreme Court watchers a surprising one in its scope

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How to Reject a Law Review Article

Tue, 28 Jul 2026 06:07:45 -0400

Every submission season, law reviews reject thousands of articles. In doing so, they rely on rejection notification templates containing misleading tropes

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The Birth of the Minority Rights First Amendment

Tue, 28 Jul 2026 06:07:45 -0400

An incongruence exists in the literature on the nineteenth-century history of expressive freedom. Legal-tradition scholars have determined that t

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Lawyers, Historians and 'Law Office History'

Mon, 27 Jul 2026 06:07:22 -0400

Fifty years ago, historian Alfred H. Kelly coined the term “law office history” to describe history as written by legal advocates rather than dispassionate scho

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The Chadha Presidency

Sun, 26 Jul 2026 06:08:05 -0400

Where is Congress? Why hasn’t it reined in some of the worst abuses of the Trump Administration? This Article argues that a significant part of the ans

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Lunatics, Idiots, Paupers and Negro Seamen: Immigration Federalism in the Early American State

Sat, 25 Jul 2026 09:08:16 -0400

Why did it take the U.S. national government until 1882 to gain control over immigration policies from the states, and what does this situation say about the st

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AI Entanglement: Accounting for dependencies in general-purpose AI policy, regulation, and practice

Sat, 25 Jul 2026 09:08:16 -0400

AI artifacts like models, datasets, and web platforms increasingly help build other AI artifacts. Developers rely on existing models to generat

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How to Reject a Law Review Article

Fri, 24 Jul 2026 06:09:43 -0400

Every submission season, law reviews reject thousands of submissions. In doing so, they rely on rejection notification templates containing misleading tro

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Does Holding Anti-Democratic Leaders Accountable Backfire? Evidence from Bolsonaro's Arrest in Brazil

Thu, 23 Jul 2026 09:28:36 -0400

Whether holding anti-democratic leaders accountable strengthens or weakens democracy remains one of the unresolved questions in contemporary debates about democ

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Clause and Effect: Theory and Field Experimental Evidence on Noncompete Clauses

Thu, 23 Jul 2026 06:10:16 -0400

We study worker noncompete clauses in a large field experiment with two finance firms. Across ~14,000 job offers to freelan

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Debating Social Rights with Conor Gearty

Wed, 22 Jul 2026 06:10:15 -0400

This short piece is forthcoming as part of a special issue of the European Human Rights Law Review in honour of Conor Gearty (1957-2025). It discusses th

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Generative Gap Filling

Wed, 22 Jul 2026 06:10:15 -0400

Contract law polices a line between interpretation, the recovery of meaning a text already holds, and gap filling, the supply of terms the text lacks. The bound

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Lowering Drug Prices by Reviving Skinny Labels and Patent Challenges and Addressing Patent Thickets

Tue, 21 Jul 2026 06:09:09 -0400

In this testimony to the Subcommittee on Courts, Intellectual Property, Artificial Intelligence, and the Internet of the House Judiciary Committee,

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Originalism, Living Constitutionalism, and Our Current Constitutional Moment

Sun, 19 Jul 2026 06:09:17 -0400

This essay serves as an introduction to the Santa Clara Law Review’s 2026 symposium, “The Changing Landscape of Constitutional Interpretation and I

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The Ex Post Facto Clause: Its History and Role in a Punitive Society

Sun, 19 Jul 2026 06:09:17 -0400

The Ex Post Facto Clause, one of the few civil liberty protections found in the body of the U.S. Constitution, reflects the Framers' acute concern over the tend

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Amicus Brief of Civil Procedure, Aggregate Litigation, Class Action, Legal Ethics, and Consumer Law Scholars in Opposition to Final Approval of Proposed Class Settlement (Roundup)

Sat, 18 Jul 2026 06:11:12 -0400

Seventeen legal scholars present a brief against the proposed class settlement involving the herbicide ROUNDUP, manufactured principally by Monsanto.&

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The Supreme Court, October 2025 Term Foreword: The Court Against the Courts

Fri, 17 Jul 2026 06:10:14 -0400

The Supreme Court sits atop a judicial system on which it is deeply dependent. It lacks the capacity to superintend more than a fraction of the cases filed e

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A Narrow Path Out of Gerrymandergeddon

Fri, 17 Jul 2026 06:10:14 -0400

What would it take to end the present downward spiral of partisan gerrymandering in the United States? This essay, a revised and expanded version of a key

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A Contingent Case for Negligence in Agentic AI

Fri, 17 Jul 2026 06:10:14 -0400

At the turn of the 19th century, American courts held hot air balloon operators strictly liable while subjecting railroads only to negligence, shaping the tr

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Reconstructing the Public Health State

Thu, 16 Jul 2026 06:09:57 -0400

The American public health system is in crisis. This Essay, presented as the 2026 Wythe Lecture at the William & Mary Law School, argues that the cri

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Trump's Lies: The Unconstitutionality of Government Propaganda

Thu, 16 Jul 2026 06:09:57 -0400

Government propaganda—the government’s deliberate dissemination of false claims on matters of public interest—has increasingly become a source of concern in the

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Disability and Constitutional Legitimacy

Wed, 15 Jul 2026 06:09:32 -0400

Disability classifications can take one of two forms. The more familiar form targets people with disabilities on account of their disability, and harms them. Th

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C-199/24 Legal Newsdesk limits Freedom of Expression under the General Data Protection Regulation (GDPR)

Wed, 15 Jul 2026 06:09:32 -0400

C-199/24 Legal Newsdesk arose from the need to determine the position under the GDPR of a database which, in return for payment, provides both crim

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The Birth of the Minority Rights First Amendment

Tue, 14 Jul 2026 06:09:47 -0400

In recent years, First Amendment scholars have demonstrated that the founding generation’s understanding of expressive rights was majoritarian. This conc

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